Grandfathered Customer Protection Plans

FEE: The Protection Plan Agreement fee will be based on the plan options the customer has selected. If, during the term of this agreement, the customer changes equipment, the fee may be increased. Pixius Communications, LLC (Pixius) reserves the right to modify services and fees under this plan as it deems necessary. Any Residential Customer Protection Plan promotional fees, discounts, or offers will be determined by the promotional terms and conditions of each offer.

WHAT THIS AGREEMENT COVERS:

ROUTER REPLACEMENT (RR) – At its option, Pixius Communications will replace the Pixius provided router at no charge once it has been determined the existing router is defective, as long as the defective router is returned in accordance with the terms and conditions of this Agreement to Pixius. The replacement router may be a new or reconditioned router of equal or comparable value and functionality of the current router. Pixius provides the associated configuration required to allow the router to function properly on the Pixius Communications network. The exchange of the router will be made at the nearest Pixius location without additional charges. The customer may elect to have Pixius mail the router, at the customer’s expense for shipping and handling fee of $8.95. If the customer requests the router be delivered a $75.00 trip charge may be invoiced. Security and wireless home networking settings may be configured for an extra charge. Customer provided routers may be included in the plan and replaced at the sole discretion of Pixius. A maximum of one claim may be made under this plan option in a rolling twelve month period.

CRITICAL PARTS REPLACEMENT (CPR) – At its option, Pixius Communications will replace equipment, i.e. mounting brackets, wiring, surge suppressor and antenna, collectively the standard installation equipment, at no charge once it has been determined the existing equipment is defective, as long as the defective part(s) are returned in accordance with the terms and conditions of this Agreement to Pixius. Items such as tripods, extension poles, etc. are not considered standard installation parts and are not covered. The replacement part(s) may be new or reconditioned of equal or comparable value and functionality. At its option, Pixius will replace the subscriber module for a charge of $80.00, as long as the defective subscriber module is returned in accordance with the terms and conditions of this Agreement to Pixius. The replacement subscriber module may be new or reconditioned of equal or comparable functionality. The cost of the trip charge and labor associated with standard on-site service is covered under this option. Included is Labor for a) antenna alignment b) replacement of the subscriber module c) standard wiring d) power supply replacement e) replacement of the surge suppressor and associated mounting hardware. Removal and reinstallation of the radio due to required roof repairs will be available at 50% of the then current rates. A maximum of two claims may be made in a rolling twelve month period. SPECIFICALLY EXCLUDED are damages caused by roofers who move/relocate equipment.

ALL-IN-ONE (RR & CPR) – This option is a combination of both the Router Replacement (RR) and Critical Parts Replacement (CPR) described above. A maximum of two claims may be made under this plan option in a rolling twelve month period. SPECIFICALLY EXCLUDED are damages caused by roofers who move/relocate equipment.

WHAT THIS PROTECTION PLAN DOES NOT COVER:

Defects or damage resulting from use of the Product in other than its normal and customary manner;

Defects or damage from misuse or neglect;

Defects or damage from improper and/or unauthorized testing, operation, maintenance, installation, adjustment, or any alteration or modification of any kind;

Products disassembled or repaired in such a manner as to adversely affect performance or prevent adequate inspection and testing to verify any warranty claim;

Products with labels removed or illegible serial numbers;

Defects or damage due to immersion in food or liquid;

Scratches on all plastic surfaces and externally exposed parts resulting from normal use;

Damage or defects existing prior to this Agreement; and/or

Equipment that was serviced by an unauthorized service provider.

PROTECTION PLAN TERMS: Pixius will provide the plan benefits, described in Paragraph 3, for as long as the customer subscribes to this plan. The customer may add this plan or options within the plan to their account at any time. Claims may be honored at time of plan purchase. If the plan is added in the middle of a billing period, charges from the date of the addition to the next billing date will be prorated and added to the next bill along with the charges for a full month. This plan may be cancelled at any time after the first twenty-four (24) months. When the plan is cancelled, it will not terminate until the end of the billing cycle. No claim will be honored once the plan has been terminated. There will be no proration or refunds for early termination. If cancelled prior to the required twenty-four (24) month term, a minimum fee of fifty percent (50%) of the remainder of the contract will be due upon the date of cancellation.

HOW TO GET SERVICE UNDER THIS AGREEMENT: To receive service under the plan, the customer must contact Pixius’ Customer Care Center. A Customer Care Representative will determine the cause of the problem and make arrangements for corrective action as specified in the plan.

CUSTOMER OBLIGATIONS UNDER THIS PROTECTION PLAN: The customer must use, respect and protect the Product in a normal way; the customer represents and certifies that all Product is in good working order and that he/she is completely unaware of any need for services included under this Agreement at the time of Agreement implementation except as provided for in 5 above; the customer must protect against further damage to the Product if there is a covered event.

HOW AND WHEN CUSTOMER OR PIXIUS MAY TERMINATE THIS PROTECTION PLAN:

Subject to Paragraph 8.2., Pixius may terminate this Protection Plan at any time. Customer may terminate this Protection Plan at any time after the first twenty-four (24) months. If customer’s service with Pixius is terminated or expires for any reason, customer will be deemed to have terminated this Protection Plan concurrently.

If within thirty (30) days of receiving this Protection Plan customer wishes to cancel service and he/she has not made a claim under this Protection Plan, simply notify Pixius Communications and we will refund all fees paid up to the date of termination.

OTHER CONDITIONS:

This Protection Plan is extended to the original subscriber buyer only and may not be assigned or transferred to subsequent subscriber buyers. This is Pixius’ complete Protection Plan. Pixius assumes no obligation or liability for additions or modifications to this Protection Plan unless made in writing and signed by an authorized representative of Pixius.

Pixius cannot be held responsible in any way under this Protection Plan for any ancillary equipment attached to or used in connection with the Product, or for operation of the Product with any ancillary equipment. All such equipment is expressly excluded from this Protection Plan. Furthermore, Pixius cannot be held responsible for any damage to the Product resulting from the use of ancillary equipment not furnished by Pixius for use with individually owned equipment.

When the Product is used in conjunction with ancillary or peripheral equipment not furnished by Pixius, Pixius does not warrant, and shall not supply service in connection with, the operation of the Product/peripheral combination, and Pixius will honor no service claim where the Product is used in such a combination and it is determined by Pixius that there is no fault with the Product. Pixius specifically disclaims any responsibility for any damage caused in any way by the use of product accessories and peripherals when such accessories and peripherals are not furnished by Pixius.

Pixius, at its sole discretion, shall determine if any equipment under these protection plans is defective based on technical troubleshooting guidelines established by Pixius and the equipment manufacturer.

GENERAL PROVISIONS:

This Protection Plan sets forth our responsibilities regarding the Product. Replacement of the Product, as described herein, and/or on-site service is the exclusive remedy of the customer. THIS DOCUMENT IS NEITHER A WARRANTY NOR INSURANCE.

Obligations of Pixius under this Protection Plan are backed by the full faith and credit of Pixius.

OTHER RIGHTS:

This Protection Plan gives the customer specific legal rights.

Defective equipment must be returned immediately or holder will be subject to a non-return fee equal to the cost of the non-promotion retail price plus 30%. Subject to equipment availability at time of processing. Customer agrees to “like” replacement if same model is no longer available.